LURDHA SWAMY Vs. R SHANTHAMMA

JUDGEMENT

(1.) This revision by the landlord is directed against the trial court's order rejecting his claim for eviction of the respondent on the grounds under Section 21(1)(a), (d) and (h) of the Karnataka Rent Control Act, 1961 (the Act)

(2.) The case of the petitioner, in brief, is that he is the landlord and the respondentis the tenant in respect of the petition premises on a monthly rent of Rs. 55/-, the tenancy month being English calender month. The respondent occupied the premises in the year 1974 agreeing to vacate the same soon and also to pay the rent regularly. Instead, she has filed an application before the Rent Controller seeking regularisation of her tenancy. The tenancy was accordingly regularised, obviously under Section 31-C of the Act. The landlord sought for eviction on the ground that the tenant has failed to pay the rent inspite of demands; that she is guilty of creating nuisance and annoyance to his family members and also to his neighbours; and that the premises is required for his own bonafide use and occupation.

(3.) The tenant resisted the claim by denying the relationship of landlord andtenant between herself and the petitioner in view of the property having been acquired by the B.D.A. As such the petitioner was no more the owner of the premises. The tenant has further denied the averments stated above and sought for dismissal of the petition.